Moving On - Safer Living and Reintegration for Female Victims of Human Trafficking in Reception and Integration Centres in Ireland - Immigrant ...
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Mov i n g O n Safer Living and Reintegration for Female Victims of Human Trafficking in Reception and Integration Centres in Ireland I
Contents Compiled and designed by What is Human Trafficking? . . . . . . . . . . . . . . 1 Edward Keegan and Sandra Ruiz Moriana Distinguishing Human Trafficking from Smuggling . . . . . 2 On behalf of the Moving On project, 2017 Forms of Human Trafficking . . . . . . . . . . . . . . 3 Published by Immigrant Council of Ireland 2 St Andrew Street Human Trafficking in Ireland . . . . . . . . . . . . . 4 Dublin 2 Deception and Coercion in Trafficking . . . . . . . . . . 6 Administration: Tel: 01 6740202 Email: admin@immigrantcouncil.ie Website: www.immigrantcouncil.ie Recognising the Signs of Trafficking . . . . . . . . . . . 7 ISBN: 978-0-9932840-9-0 Assistance for Recovery and Reintegration . . . . . . . . 8 ©Copyright 2017 Immigrant Council of Ireland Safe and Appropriate Housing . . . . . . . . . . . . . 9 Practical Suggestions . . . . . . . . . . . . . . . . 10 No part of this book may be reproduced or transmitted in any form or by any means, electronic or Contacts . . . . . . . . . . . . . . . . . . . . . 14 mechanical, including photocopying, recording, or by any information storage and retrieval systems, without written permission from the publisher except for brief quotations used in critical reviews. The information in this publication is provided in good faith and every effort has been made to ensure that it is accurate and up to date. The Immigrant Council of Ireland disclaims any responsibility for errors and omissions in the text. Any person relying upon this publication or using it in connection with any legal matter shall be deemed to have accepted these terms of use and shall not hold the Immigrant Council of Ireland liable for the use or misuse of this publication or of any of the information contained therein. Disclaimer: This is not a legal document. If you need legal advice, please contact the organisations listed in the Contacts section for assistance.
About Moving On What is Human Trafficking? ‘Moving On: Safer Living and Reintegration for Female Victims of Human Human trafficking is a crime and a gross human rights violation. Human trafficking Trafficking’ is a project funded by the Department of Justice and Equality under the is defined in international and European law as: Dormant Accounts Action Plan for 2016. Its goal is to improve housing for victims “the recruitment, transportation, transfer, harbouring or reception of persons, of trafficking by; making their accommodation safer and more gender-sensitive, including the exchange or transfer of control over those persons, by means of raising the level of crime prevention, and increasing possibilities for victim the threat or use of force or other forms of coercion, of abduction, of fraud, of reintegration. deception, of the abuse of power or of a position of vulnerability or of the giving This is an initiative of: or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.” • Immigrant Council of Ireland Within the above definition, there are three core elements, which must be present. • NASC, the Irish Immigrant Support Centre • Doras Luimní • Business in the Community Ireland Act Means Purpose In association with: • Act: These are the series of actions involved in the movement of a person HSE Women’s Health Project/ Anti Human Trafficking Service and include recruitment, transportation, transferring, harbouring and receiving of persons. Advisory Board: • Means: These are the methods used to gain the consent/ force the trafficked person to move including the threat or use of force, coercion, abduction, • DJE-AHTU (Department of Justice and Equality Anti-Human Trafficking Unit) deception, fraud, abuse of power or the abuse of a position of vulnerability. • GNPSB (Garda National Protective Services Bureau) • Purpose: In order for the above acts to constitute human trafficking • RIA (Reception and Integration Agency) they must be for the purpose of a person’s exploitation. Prevalent forms of • HSE Women’s Health Project/ Anti Human Trafficking Services exploitation include prostitution, forced labour and forced criminality. This booklet is intended for the personnel of RIA accommodation centres as Note: For adult victims, all three elements must be present in order for a person well as staff of the Community Welfare Service of the Department of Social to be identified as a victim of trafficking. In the case of child victims, however, Protection. Appreciating the difficult and compassionate work carried out by staff only the act and purpose are required, as children cannot consent to their own in accommodation centres, this booklet is intended as a learning tool to further exploitation. enhance the capacity of staff to respond to the needs of those residing in these centres. In particular, the booklet aims to assist staff in their important work assisting female victims of human trafficking by improving both their knowledge of the issue and understanding of the gender specific needs of Act Purpose these women. 1
Distinguishing Human Trafficking Forms of Human Trafficking and Smuggling Human trafficking exists in a number of forms and occurs for a variety of exploitative purposes. Exploitation is defined in Section 1 of the Criminal Law It is important to be aware of the differences between human trafficking and (Human Trafficking) Act 2008 as amended by the Criminal Law (Human Trafficking) human smuggling. While trafficking is a crime against the individual, leading (Amendment) Act 2013 as including: to their exploitation, smuggling is considered a crime against the State. These differences can sometimes become blurred in practice and smuggled individuals • Sexual exploitation can also become victims of violence, exploitation and trafficking. • Labour exploitation, including forced labour (including forced begging), slavery or servitude How do you distinguish between the two practices? • Organ removal • What is the nature of the crime? • Forced criminal activities - Smugglers commit crimes against the State. - Traffickers primarily commit crimes against the person. The most widely reported form of trafficking in Ireland and throughout Europe is: • What is the nature of the relationship? • Trafficking For Sexual Exploitation - The smuggler provides a service to the migrant which is usually entered into voluntarily and is almost always short term. - The trafficker exploits the victim as a commodity and the relationship Yet there are a number of other purposes for which persons have been trafficked, is generally long term and always non-voluntary. with new forms of exploitation increasing in recent years. Other forms of trafficking include for the purpose of: • What is the difference in profit? • Exploitative/ forced marriage - The smuggler receives a one-off payment for the service they provide • Sale or adoption of children to the migrant. • Benefit fraud - Traffickers have a continuing profit, which comes from the ongoing exploitation of the victim. Note: It is important to recognise that persons can be trafficked for any number of exploitative purposes. For example, those trafficked for the purpose of sexual • What borders are being crossed? exploitation may become victims of forced labour or forced into criminal activities - Smuggling is always across national borders. and vice versa. - Trafficking can be across national borders or occur within a national territory. Note: Distinguishing the two practices is important because the rights and assistance measures discussed later in this booklet are only available to victims of the crime of human trafficking. 2 3
Human Trafficking in Ireland The number of identified victims of trafficking in Ireland can be seen in the The statistics reveal statistics compiled annually by the Anti Human Trafficking Unit in the Department trafficking is a highly of Justice and Equality. gendered phenomenon Forced Criminality which predominantly affects 80 women. Across the EU and Sexual & Labour 70 in Ireland, trafficking for Labour 60 sexual exploitation is the 50 most reported form of the Sexual 40 crime and primarily affects women. Women trafficked 30 for the purpose of sexual 20 exploitation have special Type of Exploitation (2015) 10 needs and their recovery is a 2009 2010 2011 2012 2013 2014 2015 long and complex process. Total Number of Identified Victims 2009-2015 However these numbers do not represent the total number of persons trafficked. 50 Transgender The above figures only include those victims who have come to the attention of authorities and therefore do not represent the true scale of the practice in Ireland. 40 Male Trafficking in persons is a global practice with victims in Ireland originating from Female almost all regions of the world. 30 20 20 Forced Criminality 10 Sexual & Labour 15 0 Labour Sexual Labour Sexual & Forced Labour Criminality 10 Sexual Gender and Type of Exploitation (2015) 5 0 EEA Africa Ireland Asia Europe Other (non-EEA) Region of Origin and Type of Explanation (2015) 4 5
Deception and Coercion in Trafficking Recognising Signs of Human Trafficking Traffickers use a number of tactics in order to gain the ‘consent’ of victims to their The identification of victims is central to ending their exploitation and allowing movement and exploitation. In none of these circumstances should the consent of their recovery. It is also recognised, however, as being difficult in practice. Not all victims be seen as real. victims are in a position where they can self-identify, whether out of fear, mistrust of authorities or a lack of understanding of their circumstances. To assist in the These include: identification of victims a series of indicators have been developed. These may • Abduction be present in those previously identified as victims, who face the risk of repeat exploitation through re-trafficking or those who have not yet been identified. • Deception: “A new and better life”; “Easy work-big money” You should be watchful for residents who are: • Debt bondage • Juju/witchcraft • Distrustful or fearful of the authorities • Repeated assault: “breaking down” • Act as if instructed by another or always escorted by another person • Threats to women/their families • Not in possession of their passports or other documents • Lies, creating mistrust (about police/ laws/ other women) • Not in control of their own money • Threat of deportation • Lacking in knowledge of their home or work address • Organised criminality • Have limited language capabilities • Targeting pre-existing vulnerabilities (lack of supportive family, poverty, little/ • Have little knowledge of their local area no education, experiences of abuse) • Give vague answers regarding their situation • Have many inconsistencies in their story The vulnerability of victims of trafficking is apparent in the profile of those often • Appear fearful targeted by traffickers, whose background often includes: • Show signs of physical injuries • Poverty • Have mental health issues such as anxiety and depression • Debt • Where there is evidence of sexual abuse or trauma • History of abuse and/or severe neglect as a child or youth • Have signs of tattoos marking ownership • Institutionalisation as a child (e.g. in the care system) • Dependent on drugs/ alcohol • Partner abuse In order to protect the privacy of trafficking victims in accommodation centres, • Homelessness staff members are not informed when a resident is a victim of trafficking. Yet it is • Unemployment, lack of education/ skills crucial to remain aware of the above signs. If you have any concerns you should alert management staff who are aware of victims in centres, and thus best placed • Lack of family/ social supports to offer further assistance, and can contact authorities where necessary. • Mental health problems Note: The above indicators do not represent an exhaustive list of the signs of • Drugs/ alcohol dependence trafficking. At the same time, those trafficked may not present any of the above • Grooming/ coercion ( family/ partner/ boyfriend/ “friend”) signs. 6 7
Assistance for Recovery Safe and Appropriate Housing and Reintegration The provision of safe and appropriate housing is among the most important aspects of assistance to victims. It can play a central role in them escaping To assist in the recovery and reintegration of trafficking victims, EU law requires their trafficking experience, in protecting them from re-trafficking, plus it is an that Member States provide assistance and support to trafficking victims. (Article essential pre-condition for their recovery and reintegration. The appropriateness 11 (5), Directive 2011/36/EU) of accommodation for victims depends on a number of factors, in particular the Recognising the gender-specific nature of trafficking, EU law further requires gender and trafficking experience of the victim. For female victims of trafficking that “assistance and support measures should also be gender-specific where appropriate housing should at a minimum: appropriate.” (Recital 3, Directive 2011/36/EU) • Be gender sensitive In the Irish context, the Guide to Procedures for Victims of Trafficking in Ireland • Have due regard to any trauma suffered and the ensuing need for privacy establishes the rights of victims to the assistance measures required by EU law. • Ensure they are treated with respect, empathy and sensitivity The specific type of assistance available to victims depends on their residency status (see Guide to Procedures for Victims of Trafficking in Ireland for additional • Contribute towards the restoration of their health and well-being information). • Be culturally sensitive In general, victims of trafficking have the right to: • Recognise the specific needs of mothers with children • Accommodation • Have as its aim victims regaining control over their own lives • Material assistance • Give victims access to an effective, fair and responsive complaint handling mechanism • Medical care • Minimise the risk of re-trafficking and repeat exploitation, including by • Legal advice offering victims protection from being propositioned for sex • Interpreter In Ireland, the accommodation centres operated by RIA and supported by the • Advice on personal safety Department of Social Protection are responsible for accommodating all non-Irish • Work and training opportunities (excluding victims seeking asylum) victims of trafficking during an initial recovery and reflection period of 60 days and • Education opportunities (excluding victims seeking asylum) also those victims claiming asylum. As such, these accommodation centres play an important role in ensuring safe and appropriate accommodation for victims. In addition trafficking victims are entitled to voluntary assisted return through the This approach is seen to offer a number of benefits. The multiple locations of International Order for Migration and to seek compensation as a victim of crime accommodation centres and the flexibility offered can help address the security under Section 6 of the Criminal Justice Act 1993, through a civil case or through needs of victims, while ensuring they are available to assist in the the Criminal Injuries Claims Tribunal. investigation of their traffickers. Furthermore, while acknowledging the difficulties that arise when dealing with these issues, victims recognise and are grateful for the relative safety offered in accommodation centres and the efforts of staff in those centres. 8 9
Practical Suggestions 2. Cultural Sensitivity Effective intercultural communication with victims is crucial. Such communication This section contains recommendations from female victims of trafficking living requires understanding that people from different countries, communities in accommodation centres which they feel could have an important and positive and cultures may behave, communicate and perceive the world around them impact on their recovery and reintegration, and thus contribute towards safer living differently. This can best be ensured by ensuring that you are culturally sensitive and ensuring the appropriateness of these centres for victims. towards residents and aware of others cultural norms. Recognising staff members in accommodation centres are not informed where • Cultural sensitivity involves valuing diversity, understanding there are a resident is a trafficking victim, it is important to note these recommendations differences among cultures and not assigning values (i.e. better or worse, right are similarly applicable to other female residents in accommodation centres, or wrong) to such differences. particularly those recovering from trauma. They should therefore act as a general • Becoming culturally aware involves developing sensitivity and an guide for staff in dealing with residents. understanding of the cultural background of residents in accommodation The importance of these recommendations is highlighted using the authentic centres. voices of trafficking victims. • Finally, to assist in the above, it is important to be aware of your own attitudes and beliefs, and how this can affect the way you possibly address residents. 1. Understanding Victims of Trafficking Staff need to remain mindful at all times that they may be dealing with traumatised individuals, who are often recovering from severe sexual abuse. In many cases victims suffer from post-traumatic stress disorder and experience depression and 3. Privacy insomnia. Protecting the privacy of victims is of great importance to their recovery, particularly considering their past experiences and the trauma they have suffered. “...For six months I could not sleep. I had to get medical help. It’s not • Ensure that any room inspections are carried out after a sufficient notice because I did not want to sleep, it is because I was scared … you still period and with the consent of residents. don’t know deep down. The fear of the unknown is there.” • Refrain from entering the rooms of residents prior to them answering the door, except in an emergency situation. • Offer a safe and private space to communicate any personal information. Staff should continue to remember their attitudes and treatment of residents can have an impact on potentially vulnerable and hyper-aware victims. They should consistently practice attitudes that provide an appropriate balance between professionalism and human kindness. 4. Confidentiality It is recommended you: Where staff become aware of a resident’s status as a trafficking victim, it is their responsibility to maintain privacy and protect the identity of that person. • Remain aware you may be offering services to highly traumatised individuals. • Abstain from openly reprimanding residents and remain mindful of their • Ensure discretion when discussing any issues relating to their status as a psychological needs and dignity. victim of trafficking. • Find an appropriate balance between professionalism and human kindness. 10 11
5. Language and Literacy 7. Risk of Re-Trafficking and Repeat Exploitation A number of victims reported difficulties understanding house rules owing to Victims can face danger from repeat exploitation and are vulnerable to re- language and literacy issues. trafficking. • Where possible offer the RIA House Rules and Procedures booklet translated in their own language. This booklet is currently available in Albanian, Amharic, “...Once you’re walking on that road, you see men, especially some in Arabic, Bengali, Farsi, French, Portuguese, Punjabi, Romanian, Russian, and vans, driving. They stop and asking to take you wherever you’re going. Urdu. It’s like they know that people who live in there are vulnerable, so they • If there are literacy issues, inform the accommodation centre manager who purposely come to that area to intimidate people and take advantage may be able to seek assistance through the victim’s HSE case-worker. of them. They will be harassing you, not necessarily like shouting or abusing you, but they will be like, they want to ask you out. It happens a lot, and to me that’s like harassment and they do it purposely… you 6. Enforcement of Existing Hostel Rules will see men in big cars, nice cars, they will be stopping and waiting, calling girls because they know that is where they pick up the asylum There are already a number of important rules and regulations that have been seekers. They will be calling girls and you feel so belittled, you feel so developed by RIA. Where observed and enforced, many of these rules can assist ashamed of yourself, you know, why me? This is not my life, stop.” victims in their recovery. A) Noise Be aware of the indicators of trafficking and exploitation. Enforcing rules around noise levels can help victims rest and recover from their trafficking experience. • Be prepared to contact the police or support services. • Enforce existing house rules around noise levels at night. • Remember, it is a criminal offence to offer to pay or pay someone to engage in sexual activity, with harsh penalties if the person concerned is a victim of trafficking. Be prepared and willing to report such behaviour to the police. B) Hygiene A number of victims have reported issues surrounding hygiene as a result of shared living. It is important that victims have a clean space in which to recover. • Ensure that existing rules on cleanliness in rooms are adequately communicated to residents and enforced. C) Medical Emergencies Victims reported a lack of clarity regarding their entitlement to call an ambulance. • Clarify procedures for medical emergencies out of hours and ensure that any rules concerning this issue are communicated to residents. • Remain flexible to respond to the needs of highly traumatised individuals like victims of trafficking. 12 13
Contacts An Garda Síochána : Human Trafficking Investigation HSE Women’s Health/ Anti Human and Co-ordination Unit Trafficking Services Harcourt Square, Dublin 2 The Meath Primary Care Centre: Tel: 01 6663423 or 01 6668853 1-9 Heytesbury Street, Dublin 8 Email: gnpsb@garda.ie Tel: 01 6699515 www.garda.ie Email: antihuman.trafficking@hse.ie Alternatively, contact the local station In an emergency call 112 Doras Luimní Central Buildings, 51a O’Connell Street, Limerick Immigrant Council Of Ireland Tel: 061 310328 or 087 1775853 2 St Andrew Street, Dublin 2 Email: info@dorasluimni.org Tel: 01 6740200 or 01 6740202 www.dorasluimni.org Email: admin@immigrantcouncil.ie www.immigrantcouncil.ie Business in the Community 32 Lower O’Connell Street, Dublin 1 Nasc, the Irish Immigrant Support Centre Tel: 01 8747232 Ferry Lane, Dominick Street, Cork Email: info@bitc.ie Tel: 021 4503462 www.bitc.ie Email: info@nascireland.org www.nascireland.org Legal Advice Board Quay Street, Cahirciveen, Co. Kerry Ruhama Tel: 066 9471000 25 Cork Street, Dublin 8 Email: info@legalaidboard.ie Tel: 01 8360292 www.legalaidboard.ie Email: admin@ruhama.ie www.ruhama.ie 14 15
Mov i n g O n Funded by: In Association with: An Initiative of: Safer Living and Reintegration for Female Victims of Human Trafficking in Reception and Integration Centres in Ireland
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